Koori Courts
The first Koori Magistrates’ Court in Victoria was established in Shepparton in October 2002. Some initial scepticism accompanied the opening of the first Koori Court with claims the court would be a soft option and create division. This seems to be passing with Koori Courts opening in Broadmeadows and Warrnambool and negotiations are under way for a fourth court in Mildura and a possible extension to the Children’s Court.
The Koori Court was established under the Magistrates’ Court (Koori Court) Act 2002 (Vic) and only deals with guilty pleas. As such it has the same sentencing powers as the Magistrates’ Court. It does not hear guilty pleas for breaches of intervention orders or sexual assault.
Magistrates conduct the cases with as little technicality and formality as appropriate. Aboriginal people who sit with the Magistrate are described as elders or respected persons depending on their status within the community. Elders are often called Auntie or Uncle. Other court staff have also developed an informal status within the Koori Court.
All participants sit around an oval bar table and the courtroom walls are adorned with Aboriginal artwork by local Aboriginal people. All participants sit around the table with one of the elders or respected persons sitting directly opposite the defendant. The defendant will have a family member sitting at their side. Also present will be the prosecuting police officer and the Office of Corrections. Drug and alcohol counsellors, Victims’ Referral Service representatives, community health workers and other relevant organisations may also be present.
A formal introduction occurs before every hearing so the defendant hears the expressions of respect associated with the Koori Court. They will also usually be advised that the building was smoked when it was opened in deference to Aboriginal custom. The hearing begins like any other guilty plea, with a plea entered, a summary of the facts read and a representation from the defendant’s solicitor on behalf of their client. From this point on, however, the conduct of the hearing is markedly different.
The Aboriginal people seated at the table comment on the defendant’s history and conduct and outline the Aboriginal community’s view of the crime. They may be supportive of the defendant’s rehabilitation prospects or they may be openly critical of the defendant and his self-destructive behaviour. It was observed by the first Magistrate to sit in the Koori Court that both young and old offenders respected the aboriginal elders. Their presence had made the defendants more committed to orders imposed and many defendants had been deeply affected and humbled by the experience.
More Information
From the LIV Bookshop
Indigenous Human Rights, Garkawe, Kelly & Fisher, $32.95
Achieving Social Justice - Indigenous Rights & Australia, Behrendt $29.95
Useful Web links
The Magistrates’ Court of Victoria’s website has more information on Koori Courts and specialists courts at http://www.magistratescourt.vic.gov.au/
Disclaimer:
The information in this newsletter is not intended to be a complete statement of the law relating to the issues raised. Accordingly, no person should rely on this information without first obtaining specific advice from Sam Marash of our office. | 
